Some people may be short of money for a while and choose small loans. We know that those who cheat others' property by fictitious or deceptive means, which constitutes the crime of fraud, will be investigated for criminal responsibility. So, isn't microfinance still a fraud? Today, Bian Xiao has compiled the following contents to answer your questions, hoping to help you. Is non-repayment of small loans a fraud? If there is no method to fabricate facts or conceal the truth, it is an ordinary civil dispute, and the creditor should bring a lawsuit to the court. Otherwise, loan fraud may be established. Article 193rd of the Criminal Law commits the crime of loan fraud under any of the following circumstances. Whoever defrauds a bank or other financial institution of loans for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) fabricating false reasons such as introducing funds and projects; (two) the use of false economic contracts; (3) using false documents; (four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral; (5) obtaining loans by other means. The above is what Bian Xiao has compiled for you. Generally, small loans are not repaid, which is only a civil dispute. However, if the perpetrator obviously has no repayment ability and still borrows money, it may involve fraud. If your situation is complicated, the website provides online lawyer consultation service, and you are welcome to have legal consultation.
Legal objectivity:
Article 266 of the Criminal Law of People's Republic of China (PRC) 68 whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.